Pensacola Criminal Defense Lawyer

The Criminal Defense Process

Many clients come to us with questions about the steps that follow their arrest. After you get arrested, there's a procedure you must follow. We know you're worried about how this will affect you and your family. The first thing you need to understand is how the criminal process works in Florida.

1. Arrest or Notice to Appear

If law enforcement suspects that you committed a crime, they will arrest you or give you a notice to appear in court. An arrest typically happens if the officer has probable cause or there's a warrant out for your arrest. Once you get arrested, the process will start, and you'll likely have to show up for your first court appearance within 48 hours.

If law enforcement decides to give you a notice to appear, you'll have to show up at the specified date and time. Typically, alleged offenders will receive a notice to appear in court for a first- or second-degree misdemeanor if they didn't cause any problems with law enforcement during the arrest. If you don't show up for your first court appearance, the judge will issue a bench warrant for your arrest.

2. First Appearance

Around 24 to 48 hours after an arrest, you'll have to show up for your first court appearance. During the appearance, you'll find out what your charges are and the amount of your bail. You don't have to say anything during the first appearance. If you choose to speak, the prosecution could potentially use whatever you say against you later during the trial.

3. Preliminary Hearing

The preliminary hearing is your Pensacola criminal defense attorney's chance to prove that the evidence against you doesn't indicate you committed the crime or that the other parties obtained it illegally. If we're able to discount any of the prosecutor's evidence, we might be able to get the charges against you reduced or dropped altogether.

4. Plea Bargain

If we're unable to get your case dismissed, we might be able to reach a plea agreement with the prosecutor. A plea bargain usually means that you plead guilty to the charges against you for a reduced charge or sentence. This step in the criminal process is only an option. If you choose to plead not guilty, that's your right, and your case would proceed to trial.

5. Trial and Sentencing

After entering a not guilty plea, we'll prepare to bring your case to trial. The trial will either be by a judge or a jury. If there's a trial by judge, your attorney and the prosecution will get a chance to present their cases, and the judge will decide if you're guilty or not guilty.

If the verdict is guilty, it could take anywhere from two weeks to three months to determine your sentence. After sentencing, the judge will decide the penalty you face, which could range from a simple fine to jail time. If the jury finds you innocent, the charges against you will be dropped.

With a jury trial, the defense and prosecution will argue their case in front of the jury and judge and present evidence and witnesses to support their side of the case. After closing arguments, the jury will deliberate to decide if you're guilty or not guilty.

Florida Penalties for Criminal Convictions

If found guilty of a crime, the punishment you face will depend on the severity of the crime you committed. There are two categories of crimes in Florida: misdemeanor and felony.

A misdemeanor is less serious than a felony. Examples of a misdemeanor charge in Florida include:

• DUI
• First offense prostitution
• Battery
• Possession of marijuana
• Domestic violence
• Reckless driving
• Petty theft

Two classes of misdemeanors will determine the penalty you could face if convicted.

• Second-degree misdemeanor: Up to 60 days in jail and a $500 fine
• First-degree misdemeanor: Up to one year in jail and a $1,000 fine

A felony is a more serious offense with harsher punishments. Some examples of felonies include:

• Aggravated assault
• Child abuse
• Murder
• Kidnapping
• Arson
• Sexual battery
• Drug trafficking

There are five categories of felonies to decide the punishment:

• Third-degree felony: Up to five years in prison and a maximum of $5,000 in fines
• Second-degree felony: Up to 15 years in state prison and $10,000 in fines
• First-degree felony: A maximum of 30 years in state prison and up to $10,000 in fines
• Life felony: A sentence of life in prison or a term that doesn't exceed life and a maximum of a $15,000 fine
• Capital felony: Life in prison or death

Besides jail time or a fine, there are other consequences you could face if convicted of a crime. For a traffic-related offense, you could lose your license for a period. For more serious crimes, you might have a hard time finding a job or applying for higher education. You could lose your right to vote or own a firearm. Many face embarrassment within their family and community. Your Pensacola criminal defense attorney will work hard to help ensure that doesn't happen to you.